Please carefully read these terms and conditions (“Terms of Use”) for download, installation, display and use of the gymborg. Gymborg mobile applications (“Applications”) before you download, install, display or use the Applications.

1. Terms of Use

(a) By downloading, installing, displaying or using the Applications, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your download, installation or use of the Application constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install, display or use the Applications. If you do not agree with these Terms of Use, you must cease downloading, installing, displaying or using the Applications immediately.

(b) The Applications is owned and operated by the Gymborg Health & Fitness Lab. The lab reserves the right to amend, modify, add, delete and make corrections to the Terms of Use or by updating the Applications to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the Applications will constitute your acceptance of the variation of the Terms of Use. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilize the Applications.

(c) These Terms of Use also includes the terms and conditions set out below:

  • Gymborg privacy policy part of the page
  • Gymborg copyright part of the page
  • Gymborg disclaimer part of the page

(d) In these Terms of Use:

  • the expression ‘we’, ‘us’, ‘our’, “Gymborg” and “the lab” means Gymborg Health & Fitness Lab
  • the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person or organization accessing and using the Gymborg applications. Gymborg website
  • the expression “apps” means the Gymborg’s applications
  • the expression “website” means the Gymborg website, www.gymborg.com

2. Use of the Application and data

2.1 Use

(a) You may download the Applications, to view, use and display the Applications on your mobile device for your personal use only. You may use the Applications to view information and material provided by us and to access to the Gymborg. Gymborg. website. You may not use the Applications for any other purpose.

(b) You acknowledge that you have no rights in, or to, the Applications or technology used or support by the Applications, other than the right to use the Applications in accordance with the terms of this Agreement.

(c) The Applications are currently available to mobile devices running the Apple iOS or Android OS. To access the Applications, you must have a mobile device with paid access to a mobile phone provider. The Applications are free/paid to download. Your provider’s rates and fees will apply for accessing and downloading information within the Applications.

2.2 Limitations of Use

You must:

(a) use the Applications in accordance with these Terms of Use;

(i) not copy, transmit, distribute, reproduce, license, alter, reverse engineer, adapt or modify the whole or any part of the Applications in any way whatsoever;

(ii) not use the Applications in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Applications;

(iii) not use the Applications in any way that could damage, disable, overburden, impair or compromise the Applications; and

(iv) comply with any applicable law and regulation relating to downloading or technology used or supported by the Applications.

2.3 Termination

(a) We may cancel or suspend use the Applications at any time, with or without notice if you have breached the Terms of Use;

(b) We reserve the right to cease operating the Applications at any time, without notice, and to terminate this Agreement;

(c) On termination for any reason, you must immediately delete or remove the Applications from any and all mobile devices, and immediately destroy all copies of the Applications in your possession or control and certify, if we so request, confirmation that you have destroyed the copies of the Applications;

(d) At any time you may terminate this Agreement by deleting the Applications from all mobile devices on which you have installed the Applications.

2.4 Intellectual Property

Gymborg is the owner of the Applications. All intellectual property in the information and material published on the Applications is owned by Gymborg. You obtain no interest in the intellectual property. All content in the Applications, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Viet Nam. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Applications or any of its components.

2.5 Privacy

You acknowledge that information about you, including information provided to us on signing up to the Applications will be held by Gymborg. This information is collected by us for the purpose of operating the Applications and providing you with information and material on nutrition and exercise. Gymborg may use your personal information in accordance with our Privacy Policy. Gymborg protects, collects and manages your personal information in accordance with the laws. Gymborg may be required to disclose personal information by applicable law, under compulsion of law by a court or government agency.

For information on how to gain access to your personal information, how we use your personal information, provision of contact details or other privacy matters, please see the part about the Privacy Policy.

3. Exclusion or warranties, liability, etc.

3.1 Exclusions of warranties

All content and services on or available through the Applications are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Applications or its content.

To the maximum extent permitted by law, Gymborg excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

(a) any material and/or information in the Applications;

(b) the performance and availability of the Applications;

(e) the loss, damage, corruption or degradation of any data or other material as a result of the use of the Applications.

3.2 Exclusion of liability

To the maximum extent permitted by law, Gymborg excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realize anticipated savings or benefits or business opportunities) as a result of:

(a) the use of, reliance on, or action taken as a result of, any information or material in the Applications for any decision or otherwise;

(b) accessing, displaying and using the Applications and/or participating in any on-line activities contained therein;

(c) any interruption, suspension or termination of the Applications in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;

(e) the unavailability, unsuitability and non-connectivity of third party sites;

(f) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Applications and or viruses or other technologically harmful material that may infect your mobile device due to your use of the Applications.

3.3 Your risk

You access the Applications at your own risk and Gymborg accepts no responsibility for any interference, loss, damage or disruption to your own mobile device or otherwise which arises in connection with your use of the Applications. You must take your own precautions to ensure that the process which you employ to obtain access to the Applications does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device or otherwise cause you or any person loss, damage or corruption.

3.4 Release from claims, etc.

You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against Gymborg, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Applications including but not limited to downloading any information and materials in or from the Applications.

You release and indemnify Gymborg, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (“those indemnified”) from and against:

(a) any loss or damage or liability for any loss or damage incurred by you; and

(b) any loss, liability, claim, demand, damage or expense (including legal fees) made by any third party against those indemnified, howsoever caused (including through negligence) directly or indirectly arising out of or in connection with:

(i) your use of the Applications or any linked website, including by making or carrying out any commitments;

(ii) your use of or reliance on information contained in or accessed through the Applications; or

(iii) breach by you of the Terms of Use.

3.5 Software viruses, etc.

Without limiting the above, Gymborg does not warrant that the Applications, information and or material available for download are free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, Gymborg excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

3.6 Downloadable material

We make downloadable documents, software and other materials available under the following conditions:

(a) Downloadable material within the Applications is provided on the basis that you will conduct any necessary virus scanning and other checks so as to protect your data, mobile device and software systems and those of any other person.

(b) You agree that we will not be liable to you for any loss, injury or damage however caused (including by negligence) that arises in any way from the use of the downloaded material.

(c) If you provide the downloaded material to another party you should bring the other party’s attention to these conditions.

3.7 Health and medical

We make no guarantees that by using the Applications you will achieve your desired weight and fitness level. Information provided by the Applications are made available for the benefit of the public and are not intended to provide or substitute medical advice from a health professional. We strongly recommend that you to seek advice from a qualified health care professional before you make changes to your diet, eating or physical exercise habits/plans. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Applications.

3.8 Exclusion of liability – scope

The exclusion of liability applied to these Terms of Use as set out in this clause 3 applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the Gymborg has been notified of the possibility of such loss or damage.

3.9 Your contribution to loss

You agree that any legal liability on the part of Gymborg will be reduced by the extent, if any, to which you contributed to the loss.

3.10 Non-excludable liability (if any)

These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

4. Third party websites and applications

The Applications contains links to websites and mobile applications owned and operated by third parties, who are not under the control Gymborg.

Gymborg does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked websites and mobile applications, unless specifically stated.

Gymborg is not responsible for the content of these linked websites and mobile applications and makes no representation as to the accuracy of any material on these websites or mobile applications.

Gymborg, to the maximum extent possible, excludes liability for any loss suffered as a result of use of these third party websites and mobile applications, or reliance on the information contained within. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications.

5 General

5.1 Governing law

These Terms of Use shall be governed by and construed in accordance with the laws in force in Viet Nam.

5.2 Jurisdiction

These Terms of Use shall be governed by and construed according to the laws in force in the Viet Nam, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Viet Nam.

5.3 Entire agreement

This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the Applications.

5.4 Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.

5.5 Invalid or unenforceable provisions

If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable:

(a) it is to be read down or severed to the extent of the invalidity or unenforceability; and

(b) that fact does not affect the validity or enforceability of the remaining provisions.

5.6 No waiver

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.

5.7 Contact Details

Should you have any questions regarding the Terms of Use please contact the Application administrator by emailing: victoideas@gmail.com

Privacy Policy

Gymborg is committed to protecting user privacy. We understand and appreciate that visitors and users of this web site are concerned about their privacy and the confidentiality and security of any information that may be provided to us.

How is this website monitored?

When you look at this web site, our internet service and analytics providers make a record of your visit and log the following information for statistical purposes only:

  • the date and time of visit to the site
  • the pages accessed and documents downloaded
  • the type of browser used

no attempt is, or will be made, to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect activity logs.

Personal Information

Gymborg is collecting your personal information through the applications for the purposes of communicating with you about the Website and Applications, and to operate the Website and Applications to promote healthy eating and physical activity. If you do not provide your personal information as requested, the functionality and information otherwise available to you through the Website and Applications will not be available to you, or will be limited in relation to you.

Gymborg may also use your personal information for the purposes of informing future campaigns by Gymborg for the promotion of healthy eating and physical activity and communicating with you regarding those campaigns.

Gymborg may disclose your personal information to third parties for the management, operation and development of the Website and Applications, and for the development of future campaigns by Gymborg for the promotion of healthy eating and physical activity.

Gymborg will collect, use, protect and manage your personal information in accordance with this Privacy statement and may be required to disclose personal information by applicable law, under compulsion of law or by a court or government agency.

How do I obtain access to information held about me by Gymborg?

Gymborg supports your right to see what personal information, including health information, is held about you. Please contact the Application administrator by emailing: victoideas@gmail.com

Disclaimer

The materials available on or through this website are distributed by Gymborg. The information is provided solely on the basis that users of this website will be responsible for making their own assessment of the material presented and are advised to verify the quality, accuracy, context, currency, completeness and suitability of material relied upon.

The information contained within this website does not constitute professional advice and should not be relied upon as such.

Nothing contained in this website is intended to be used to diagnose, treat or cure any medical condition, nor should it be used for therapeutic purposes or as a substitute for a health professional’s advice.

Clinical material available on or through this website does not replace clinical judgment.

In some cases, material may incorporate or summarize views, guidelines or recommendations of third parties. Such material does not necessarily reflect the considered views of Gymborg, or indicate a commitment to a particular course of action.

Gymborg does not warrant that it will provide uninterrupted access at all times to this website or any sites linked to this website.

Despite all best efforts, Gymborg makes no warranties that the material available on or through this website is free of infection by computer viruses or other contamination.

This website contains links to other websites which are external to Gymborg. These links are provided for the interest or convenience of users, and provision of these links does not constitute endorsement or support by Gymborg for the information, products, services or persons associated with the related sites. The material found by using these links is not created, controlled or approved by Gymborg and no responsibility is taken by Gymborg for the consequences of viewing or using such material.

Gymborg disclaims, to the maximum extent permitted by law, all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs incurred for any reason associated with the use of this website, including that the materials available on or through this website are in any way inaccurate, out of context, incomplete or unavailable.

Unless otherwise indicated, material on this website is owned by Gymborg Health & Fitness Lab

With the exception of any material protected by a trade mark, third party copyright material and where otherwise noted, all material presented on this website is licensed under Viet Nam intellectual property license.

In essence, you are free to copy and communicate the work in its current form, as long as you attribute Gymborg and abide by the license terms. You may not alter or adapt the document in any way.

For permissions beyond the scope of this license, please email us at: victoideas@gmail.com